Download the PDF version here.
Federal: New FMLA Mental Health Resources
The U.S. Department of Labor’s Wage and Hour Division (WHD) enforces the Family and Medical Leave Act (FMLA), which enables workers to take time off for mental health treatment for themselves or to care for family members. The WHD provides educational materials to assist in FMLA compliance along with the following new resources (released in May 2022) for workers, their advocates, employers, and their representatives:
The WHD website provides more information about the FMLA and other laws it enforces.
Federal Form I-9 Rule Flexibilities, One Ending and Another Extended: Compliance Reminder
DHS Ending Temporary Policy for Form I-9 Identity Documents
Beginning May 1, 2022, the Department of Homeland Security (DHS) is ending its temporary Form I-9 policy that allows employers to accept List B documents that expired on or after March 1, 2020.
DHS adopted the temporary policy in response to the difficulty of renewing documents during COVID. Since then, document-issuing authorities have reopened or provided alternatives to in-person renewals. Starting May 1, 2022, employers must return to only accepting unexpired List B documents.
If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, you need to update their Form I-9 by July 31, 2022, as follows:
Remote Form I-9 Document Inspection Flexibility Extended Until October 31, 2022
DHS has once again extended the policy that provides employers with flexibility related to in-person Form I-9 document inspection. This latest extension is in effect until October 31, 2022.
In March 2020, DHS began providing flexibility to certain employers who were hiring fully remote workers due to COVID by suspending the in-person Form I-9 document inspection requirement. This policy has been extended several times.
You can read the extension announcement here and keep an eye on this page for additional Form I-9 news.
Federal: 2023 Inflation Adjusted Amounts for HSAs and HDHPs Released; ACA Out-of-Pocket Limits
On April 29, 2022, the IRS released the 2023 Health Savings Accounts (HSA) and high deductible health plans (HDHPs) inflation-adjusted amounts:
This applies to all HDHPs regardless of whether they’re for essential health benefits.
These amounts are different from the Affordable Care Act (ACA) maximum out-of-pocket limits for 2023 (released by the Department of Health and Human Services in December 2021) for non-grandfathered health plans, which are:
Unlike the HDHP out-of-pocket maximums, the ACA out-of-pocket maximums apply to in-network essential health benefits.
As the Colorado legislative session wrapped up, several House Bills and Senate Bills passed that employers need to be aware of. The following is a list (not all inclusive) of legislation that companies might find interesting. Just click on the Bill to find the official document:
No reporting to discuss for June
No reporting to discuss for June
8/1 – Form 5500 Deadline (calendar year plans)
8/1 – Form 941 Filing Deadline (second quarter)
8/1 – PCORI Fee Deadline
8/1 – VETS-4212 Filing Open (federal contractor)
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